A Cook County judge had dismissed the aggravated negligence claims based on a 2005 Illinois Appellate Court decision. In that case, there was a ruling that “prior knowledge of similar acts is required” to hold a public entity liable for willful and wanton supervision.
The lawsuit arose out of the claim of willful and wanton supervision that Becky Andrews pursued as Jeffrey Andrews’s plenary guardian against the Metropolitan Water Reclamation District of Greater Chicago (Water Reclamation District). The lawsuit did not allege that anyone had previously been injured by the hazardous condition, a very dangerous cross-over between two ladders that allegedly caused head injuries to Andrews from a 29-foot fall to the bottom of the concrete chamber.
Andrews was working as a cement finisher for a joint venture, which the Water Reclamation District hired for a construction project at a water treatment plant.